Choke Holds Are Intended To Kill – Eric Garner; Ethan Saylor

I’m reading the news about Eric Garner and it causes me to ask questions while getting that sick feeling in my stomach. Those questions are in regards to why such a violent act committed on Garner has gathered media attention when the same violent action against Ethan Saylor, who had Down Syndrome, is unknown by many. The only conclusion I can draw is because New York cares more about injustices against its citizens than the State of Maryland. In the alternative, New York knows how to handle public relations, even if to give its citizens false hope.

Ethan Saylor, killed by police using a choke-hold

Another aspect that I see is because since Ethan had Down Syndrome, that those advocating for the arrest of the cops that fractured his larynx, turned towards educating and training members of law enforcement about Down Syndrome patients. Training? No. There needs to be law in every state in America that makes using choke holds illegal.

Choke holds convey the message to victims that there is an intent to kill. Victims cannot get out of those choke-holds, especially when someone else is on their back holding them down. Their destiny is sealed in the minds of the person putting them in a hold that causes their bodies to respond in ways that shut down functions of life.

Eric Garner, killed by police using a choke-hold

On July 17, 2014, Eric Garner was accused of selling “loosies” – single cigarettes – outside a Staten Island store. A witness however, says that Eric had broken up a fight. He had a background of selling “loosies” and the police automatically wanted to arrest him for the same crime, absent evidence. Police used an unauthorized street fighting move known as a “chokehold” to subdue the 350-pound man. What the police did to Eric was caught on video.

Officer Daniel Pantaleo, an eight-year veteran of New York Police Department, was taken off the street and has been stripped of his badge. Another officer involved has been taken off the street and placed on desk duty pending investigation.

Comparison

On January 12, 2013 in Frederick, MD, 26-year-old Ethan Saylor went to see the movie “Zero Dark Thirty” in a theater inside a mall. After the movie, Ethan wanted to see the movie again. He was told that he had to buy another ticket. Ethan, who was encouraged to be independent and go places with family and aides, went on his Iphone to find out how to buy a ticket. He did not carry money. Ethan’s care-giver asked the off-duty sheriff deputies, who were moonlighting as mall security, to give Ethan time to figure it out. They would not wait; removed 294-pound Ethan from his seat; drugged him face down and the three deputies heaped on him, putting him in a choke-hold. They fractured Ethan’s larynx.

The Sheriff’s Department in Ethan’s case released 98 pages of incident reports and statements from 22 witnesses. No video.

The Governor of Maryland, Martin O’Malley, met with Ethan’s parents and expressed deep concern about the incident, although he resisted their request for an independent state investigation. An internal police investigation cleared the three deputies of wrongdoing. A Maryland Grand Jury chose not to indict them for any crime. The U.S. Justice Department announced it is investigating to see if Ethan’s civil rights had been violated.

Compare; Mayor de Blasio called Mr. Garner’s wife and mother offering his condolences. Blasio spokeswoman Marti Adams said, “He reassured the family that the city is doing everything possible to ensure a full and thorough investigation.”

Ethan’s family has filed a civil wrongful death lawsuit against the theater, the three officers, and the County. The family has asserted that the main motivation behind their lawsuit is to force the full facts of the incident to be divulged. The Maryland Attorney General’s office is seeking dismissal of the lawsuit, arguing that Ethan was trespassing, stealing, and disobeying police and not because the officers hadn’t been properly trained. I suppose that would be okay if not but for the fact that Ethan’s IQ is reported to have been around 40, meaning that he was cognitively more impaired than the average person with Down Syndrome. The State of Maryland thus, is arguing that Ethan was responsible for his own death because he had Down Syndrome.

Does having video matter?

As we saw in the case of the death of Kelly Thomas, a mentally ill man beaten to death in California, having video and witnesses does not mean that when officers are charged, they will be convicted. Mental and/or physical impairments that prevent citizens from immediately following demands are not taken into consideration by juries. The police can shout numerous, on-running commands and not immediately hearing and obeying them all justifies police using “force.” Police are allowed to use force for their own protection, but protecting themselves should never violate the rights of others. People are not robots.

California let the people down. Kelly Thomas did not receive justice.

Maryland let the people down. Ethan Saylor did not receive justice.

Maybe New York will establish a precedent.

As people add Eric Garner’s name to the list of victims whose death was avoidable, or whose death was not impartially investigated, or to deaths where the perpetrators were set free, do not forget the name of Ethan Saylor.

Race, gender, financial status, mental illness, age, disease. This makes up our population. It is our community. It is our country. An injustice to anyone is an injustice to everyone.

Mindyme, you are so absolutely correct. A badge does that, but badges should never allow people to be above the law. Rather than the other cops jumping on the victims, they should have stopped the one engaging the choke hold.

So Jackson gets a paid vacation….. I honestly didn’t see what the Lieutenant did that provoked the reaction, I didn’t see a lunge and he was barely standing when Jackson grabbed him.

But Jackson’s attorney has a very good point:

He added: “If Chief Orosa intends to discipline Officer Jackson for use of his personal GoPro camera, he better be prepared to discipline the 1,100 City of Miami police officers who, in good faith, routinely use their mobile phones to take photographs while on duty and do not turn those photos over to the records department.”

He added: “If Chief Orosa intends to discipline Officer Jackson for use of his personal GoPro camera, he better be prepared to discipline the 1,100 City of Miami police officers who, in good faith, routinely use their mobile phones to take photographs while on duty and do not turn those photos over to the records department.”

Jueseppi,
I hate to give Piercy’s channel “hits,” but I went there. He is mistaken by first amendment rights. The First Amendment does not cover intentional misrepresentations that this blog is a “New Black Panther” blog. I’m not associated with the person or persons as he alleges, and they are not associated with me. The First Amendment neither covers racial hate speech, nor racial harassment.

Piercy knows that one thing that keeps him from the consequences of his actions is because he has no assets to pay judgments to parties filing a private right of action against him. He is on California’s disability and lives in government subsidized housing.

The timing is very suspect. He’s harassed others by doing vile and lying videos about them, but just started on me and this blog after I cut-him off from submitting comments using proxy IP addresses. Let’s see how he feels when finding out that his actions are in violation of my state’s hate crimes law. His history of racial harassment to this blog is documented.

I went there too, and I’ll say what I’ve said before….He really needs to go check himself into somewhere. After watching those video’s, IMO, there’s enough “proof” to show he needs to be committed. Who in their right mind would sit around making video’s like that and post them on y-tube? The man is off his rocker.

Dreamer, it blasts out, doesn’t it? But mental illness does not cause a person to lie intentionally to slander others; racially harass, and threaten others with harm. Youtube previously suspended 3 of his channels — 2 for bullying. So he’s slick enough now to not put photos and names in the videos but use names in the titles.

Yahtzee, anyone who has not read the blog still won’t believe DP and his slanderous lies. He has a reputation for that, which is why he cannot gather subscribers to his Youtube channel and abandoned his blogs because he embarrasses his “friends.” The only thing that his comrades engage him in is who to harass and what info they can use to do so.

Guess what? He filed a motion that applies to defamation and slander complaints, (not civil restraining orders), and claims because he filed that motion that he doesn’t have to appear in court tomorrow.

He also argues that because he filed a notice of appeal in the case he lost, that it reverses the court’s decision denying him relief so the other party is in violation of the temporary restraining order that the court dismissed.

After numerous motions to dismiss on the defense that he did not harass the other party, he now argues that he did, but it was free speech.

There is nothing “free” about name calling, slander, and racial harassment, in which his most recent videos serve as evidence of his intent.

You know.. I have read and seen where some people were beat up and bullied. Some of these same people had become police officers and could it be for revenged suffered by the hands of others? The more police get away with shooting and tazing others without recourse, the more S%$T they will do. Just think, one only need a high school diploma to carry a firearm and chase people down, especially those that are innocent or unarmed. If anyone states not all police are like that… MAYBE I can agree with them, but they had not walked in my shoes either – and NO, I am not a felon.

Personally, I know of a man who worked in security in a hospital, and he took every opportunity to engage patients and visitors in confrontation. His favorite maneuver was to lay on their necks and when they said they couldn’t breathe, he responded that since they were talking, they were breathing.

I don’t know if he was evidently terminated or resigned, but he went to Virginia and was hired by either the state police of sheriff. (Don’t remember now.) A private investigator discovered that the man was taken out of training and placed on desk duty because his psychological tests were questionable. He could not be trusted with a gun.

So, here’s the scary thing — there were complaints with the hospital and police department about that man, but it took a private investigator to ferret them out.

Minutes after Satterberg announced his decision, Seattle Police Chief John Diaz released a firearms review board report finding that Birk’s actions were not justified. Another top police official called the shooting “egregious,” and Seattle City Councilman Tim Burgess suggested Birk ought to be fired.

But the State’s attorney is clairvoyant and decided that a jury would not convict, so he will not arrest the cop. That makes me ill.

Four emergency-service workers who found a man unconscious on the sidewalk after a cop put him in a chokehold — and apparently did nothing to aid him — have been barred from going on any more ambulance calls pending a probe, officials said Sunday.

Those who allege that everyone besides them is “racist” are arguing that Eric was still breathing. They completely miss the point that the choke-hold is forbidden in New York state. Their logic is like defending a rape on the basis that the victim did not become pregnant.

Horty,
Good afternoon. Thanks for the re-blog. I agree. Choke holds are not for restraining. They are for killing. The trauma is probably like being pushed off a thousand foot cliff and knowing there’s not a darn thing you can do about it.

Judge and defense atty say this is not a Stand Your Group ca
….
“reporters are everywhere”..says wafer defense atty cheryl carpenter in her concerns about potent jurors not discussing the case with anyone
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Court back in.wafer atty wants potential juror who goes to mcbrides dad’s church booted. Judge says no cause to

judge now asking jurors if they have been or had family members who were victim of crime.
…….
judge continuing questioning of jurors such as any one of you think Mr. Wafer on trial because he must have done something wrong
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other questions are that do they believe the prosecution has the burden of proof
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only one juror lives in dearborn heights, where the wafer shooting occurred
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judge asking jurors if they own fire arm: three of them do and about 8 of them have fired one before but not on another human being

on ques.of pretrial publicity 2 jurors say they can’t fairly serve based on it..none say they have “preceived conceived notions of race”
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judge asks african american jurors if they wld feel disloyaltry/betrayal to their race if they deliver not guilty verdict for wafer.no hands
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judge also has asked if jurors feel outcome of wafer shooting wldnt been diff. if he were black and mcbride white: no hands
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another potent: juror: “I’m a Roman Catholic and I don’t believe in killing.”
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prosecution has said it does not believe the wafer case has been about race
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defense atty/prosecutors now talking to judge in sidebar
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the Roman Catholic juror says he can be fair and that his decision wld be based on evidence in the case
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jurors now being asked if they ever had to defend themselves against someone else..two said they did but not with gun
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judge to jurors: anyone ever had to kill another person or a family member have to kill another person: no hands
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judge dana hathaway getting ready to read michigan’s self defense law to jurors
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asst wayco pros athina sirginas interrupts reading asking for a sidebar with judge hathaway.
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reading by judge continuing

Here is another one, basically says that the judge’s order said there was no new evidence, per her attorney claim, that what they claim was brought up in first trial (ie: that her husband’s son had lied in his statement).

That the new “warning shot” law does not become retroactive to cover her—that was a long shot.

That the appeal court that granted her a new trial for poor jury instructions also upheld the SYG denial.

Xena, It was a long shot to go for a retroactive ruling, very few laws will grant that. Every case in which someone stated they fired a warning shot would have to come up again if it was found to be retroactive. While Ms. Alexander’s case is the most high profile, she is not the only one to be caught up in the 10-20-Life law here where a warning shot was claimed. But like you said at least the attorney tried.

There was another case in which a father fired a warning shot at his daughter’s abusive boyfriend. He had been attacked by the boyfriend before and the boy waited a couple of months before he reported it. The father also received 20 yrs.

Towerflower,
Yes, I remember several warning shot cases where people are sitting in prison, but do not remember the names of the parties with the exception of Michael Giles. There is also the case involving the elderly NW man.

The sentencing for a warning shot conveys to citizens that Florida legislatures prefer punishing people who do not kill. That speaks volumes about respect for human lives. It’s the same as hearing those sentenced say, “I got 20 years because I didn’t want to kill a human.”

Xena, I tried to find the name/case of the FL father who fired a warning shot but google lists Alexander first in the search. His daughter had an abusive boyfriend and one time he confronted the boyfriend when he attacked the daughter at his home, he had just gotten out of the hospital for surgery and the boyfriend’s attack ripped some of his stitches out. The next time it happened he pulled out a gun and fired a warning shot into his wall when the boyfriend started to approach him again. The boyfriend left but when he was arrested on another charge, a couple of months later, he told them how the father fired the gun and the father was then arrested.

The judge in his case also wanted to side with the father but couldn’t due to the 10-20-Life law and he was sentenced to 20 yrs. This 10-20-Life law is one of the laws that need to change in this state. It doesn’t let the judge take anything into consideration when it comes to sentencing.

STATEN ISLAND, N.Y. — One of the two civil rights lawsuits against Daniel Pantaleo, the NYPD officer who put Eric Garner in a chokehold Thursday, ended up costing taxpayers $30,000 in settlement money, according to the plaintiffs’ attorney.

The suit, which was settled in January, accuses Pantaleo and another officer of strip-searching two men on a New Brighton street, pulling down their pants and underwear in broad daylight, in March 2012.

It alleges that Pantaleo and several other officers — Joseph Torres, Ignazio Conca, and Steven Lopez — “unlawfully stopped” a vehicle on Jersey Street in New Brighton. Another officer, Christian Cataldo, arrived at the scene later.

Two of the car’s passengers, Darren Collins and Tommy Rice — a federally convicted gun felon who had been released from prison five months prior — wound up suing in Brooklyn federal court.

According to the lawsuit, after getting license and registration information from both the car’s driver, Morris Wilson, and Collins, the officers ordered Collins and Rice out of the vehicle for a search.

After they were handcuffed, “Pantaleo and/or Conca pulled down the plaintiffs’ pants and underwear, and touched and searched their genital areas, or stood by while this was done in their presence,” the lawsuit alleged.

Pantaleo then took the two men to the 120th Precinct stationhouse, where Pantaleo and Torres strip-searched them again, forcing them “to remove all of their clothing, squat, cough and lift their genitals.”

Both men were criminally charged, but the cases against them were ultimately dismissed.

The article goes on to discuss a second lawsuit pending against Pantaleo

Lee edits together footage showing the moment officer Daniel Pantaleo puts Garner in what appears to be a chokehold, with the racially charged scene depicting cops killing one his film’s central characters, Radio Raheem, after also putting him in a chokehold.

The footage cuts back and forth between reality and Lee’s movie, drawing comparisons between the police brutality the director attempted to highlight in his film with the methods officers on Staten Island used to arrest Garner.

FRUITLAND PARK, Fla. — Ann Hunnewell and her central Florida police officer husband knelt in the living room of a fellow officer’s home, with pillow cases as makeshift hoods over their heads. A few words were spoken and they, along with a half-dozen others, were initiated into the local chapter of the Ku Klux Klan, she says.

Last week, that five-year-old initiation ceremony stunned residents of the small town of Fruitland Park, who found out an investigative report linked two city officers with the secret hate society that once was violently active in the area. Ann Hunnewell’s ex-husband, George Hunnewell, was fired, and deputy chief David Borst resigned from the 13-member Fruitland Park Police Department. Borst has denied being a member.

James Elkins, a third officer who Ann Hunnewell says recruited her and her husband, resigned in 2010 after his Klan ties became public.

Roderick, I caught some of Rev. Sharpton’s program on MSNBC last night where he reported that the Chief of Police said there is no proof that those officers are members of the KKK. Like Judge Judy says, don’t pee on my leg and tell me it’s raining. Do they really think that the public is that stupid?

While I agree that there is a serious issue about the difference in the reaction of politicians and the amount of media coverage in the two cases, unfortunately, there is no “proof” that a choke hold was used on Ethan. Witness reports (the only thing the grand jury heard) that were taken by the same department as the moonlighting officers who killed him, claim that nobody touched Ethan’s neck. How Ethan’s larynx was crushed remains a mystery… hence the lawsuit to force the deputies to finally testify in public.

Walkersvillemom,
Welcome to Blackbutterfly7. So, Ethan’s larynx is crushed, but none of the deputies touched his neck? Isn’t the purpose of a grand jury to ferret out the facts? Ethan’s larynx was crushed but they believed the deputies? This is what disappoints me so much — people who are charged with performing a duty to citizens and drop the ball due to biases. The grand jury allowed those deputies to get away with murder.

Exactly. From what we know, while the grand jury heard live testimony from the men who killed him, they were not allowed to question the witnesses. The members of the jury only read the written statements. Ethan’s aide was not asked to testify, nor were any of the witnesses. Furthermore, the witnesses (all 7 of them) were recalled to the sheriff’s office for additional testimony and specifically asked if they saw any of the officers touch Ethan’s throat. They all said no. Of course, when the actual take down occurred, it was conveniently behind a half-wall in the theater where no one other than the officers could actually see what happened.

All that they have admitted to is that he was placed on his stomach – which is also proven to be dangerous and should never have happened – but the Sheriff in charge maintains that his deputies “did nothing wrong.”

Why the ‘chokehold’ video is so important
Ari Melber talks about the NYPD’s video crackdown and the importance of the disturbing, viral video of 43-year-old Eric Garner who struggles on camera as a police officer places him in a chokehold.